- 1 - NC: 2025:KHC-K:2390 CRL.P No. 200516 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200516 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: VISHNU S/O RAMESH PAWAR, AGE:20 YEARS, OCC: AGRICULTURE, R/O. BALAKUNDI TANDA, TQ.ILKAL, DIST. BAGALKOT-587101. …PETITIONER (BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH, MASKI POLICE STATION, DIST. RAICHUR-584124, R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH–585107. 2. SMT. SUDHARANI W/O YAMANOORAPPA GUTTEDAR, AGE:39 YEARS, OCC: HOUSEHOLD, R/O. CHIKKALEKKIHAL, TQ.LINGASUGUR, DIST. RAICHUR-584122. …RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, HCGP FOR R1; R2 SERVED) THIS CRL.P. IS FILED U/SEC 483 OF BNSS,2023 PRAYING TO, GRANT THE REGULAR BAIL TO THE PETITIONER/ Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2390 CRL.P No. 200516 of 2025 SOLE ACCUSED IN SPL.CASE NO. 5001/2024 (MASKI PS CRIME NO.141/2024 DISTRICT RAICHUR) PENDING ON THE FILE OF III ADDL. DIST. AND SESSIONS JUDGE RAICHUR, SITTING AT SINDHANUR AND SPECIAL JUDGE FOR TRAIL OF THE CASE UNDER POCSO ACT FOR THE OFFENCE PUNISHABLE U/SEC 137(2), 87 AND 64 OF BNS-2023 AND U/SEC 4 AND 6 OF POCSO ACT 2012 AND U/SEC 9 OF PROHIBITION OF CHILD MARRIAGE ACT 2006. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the petitioner/accused seeking for regular bail in Spl. C.No.5001/2024 arising out of Crime No.141/2024, registered by the Maski Police Station, Raichur, for the offences punishable under Sections 137(2), 87 and 64 of BNS, 2023, under Section 4 and 6 of the POCSO Act and under Section 9 of the Prohibition of Child Marriage Act, 2006. 2. It is the case of the prosecution that the aunt of the victim lodged a complaint stating that the victim, who is aged about 16 years 8 months, as on the date of the - 3 - NC: 2025:KHC-K:2390 CRL.P No. 200516 of 2025 alleged incident, came to her house and on 15.09.2024 at about 7.30 p.m., she left the house in order to go to grocery shop, however, she did not return. C.W.1, who is the complainant, searched the victim in and around the Chikkalekkihala village in Lingasugur taluka. As she could not trace the victim, she lodged a complaint before the police. On 23.10.2024, the victim was traced and thereafter, she gave her statement before the police making certain allegations that the petitioner had kidnapped her, took her to various places and had committed sexual intercourse continuously and therefore, she became pregnant. Based on the statement made by the victim, the respondent – police have registered a case against the petitioner and submitted the charge sheet for the offences stated supra. 3. Heard Sri Shivanand V. Pattanashetti, learned counsel for the petitioner and Sri Gopal Krishna Yadav, learned High Court Government Pleader for the respondent No.1 - State. Respondent No.2 served and unrepresented. - 4 - NC: 2025:KHC-K:2390 CRL.P No. 200516 of 2025 4. It is the submission of the learned counsel for the petitioner that, the victim made her statement before the Magistrate under Section 164 of Cr.P.C. and in the said statement, she has confessed that she had forced the petitioner to take her from her aunt’s house and also narrated the incident. Even though she was a minor as on the alleged incident, the fact remains that, she was aged about 16 years 8 months and she knew the consequences of the incident. The petitioner is aged about 28 years and an agriculturist by profession. He is permanent resident of Balakundi Tanda, Ilkal taluka and in case he is enlarged on bail, he will abide the conditions to be imposed by this Court. Making such submissions, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader for respondent No.1 vehemently opposed the said submissions and he further submitted that notwithstanding the statement made by the victim before the Magistrate, the fact remains that, she was a minor aged about 16 - 5 - NC: 2025:KHC-K:2390 CRL.P No. 200516 of 2025 years 8 months and she became pregnant. Hence, it is not appropriate to grant bail to the petitioner. Making such submissions, he prays to dismiss the petition. 6. Having heard the learned counsel for the respective parties and also perused the averments of the statement made by the victim before the Magistrate under Section 164 of Cr.P.C. and also the statement made before the police under Section 161 of Cr.P.C., there are some contradictions in the said statements. Having considered the said contradictions, without adverting to the merit of the case, it is appropriate to grant bail to the petitioner. Hence, I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner is enlarged on bail in Spl. C.No.5001/2024 arising out of Crime No.141/2024, registered by the Maski Police Station, Raichur, for the offences punishable under Sections 137(2), 87 and 64 of BNS, 2023, under Section 4 and 6 of the POCSO Act and - 6 - NC: 2025:KHC-K:2390 CRL.P No. 200516 of 2025 under Section 9 of the Prohibition of Child Marriage Act, 2006, on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: a) The petitioner shall not threaten or tamper the prosecution witnesses. b) The petitioner shall appear before the Trial Court on all hearing dates without fail. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 20 CT:PK